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(영문) 서울중앙지방법원 2016.10.20 2016가합529333
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 6, 2015, the Plaintiff and the Defendant entered into the instant sales contract. On February 6, 2015, the Plaintiff and the Defendant: (a) building of 712.8 square meters in Songpa-gu Seoul Metropolitan Government and the above 7-story above ground (hereinafter “each of the instant

(2) The sales contract of this case (hereinafter referred to as “instant sales contract”) to sell 16.3 billion won (including value-added tax)

(2) In the instant sales contract, the Plaintiff and the Defendant agreed to pay the down payment of KRW 300 million on the date of the contract, the intermediate payment of KRW 1 billion on March 10, 2015, and the remainder of KRW 15 billion on March 20, 2015, respectively, in relation to the payment of the purchase price.

B. The Plaintiff’s remaining repayment obligation 1) The Plaintiff paid 1.3 billion won in total to the Defendant on the date of each agreement. (2) However, the Plaintiff failed to pay the remainder 15 billion won to the Defendant on March 20, 2015 agreed upon.

3) The Plaintiff requested the Defendant to postpone the payment date of the remainder by April 10, 2015, and the Defendant accepted it, but the Plaintiff did not pay any balance by April 10, 2015. 4) The Defendant again did not pay the remainder to the Plaintiff by April 30, 2015, even though the payment date was postponed by April 30, 2015.

5) Accordingly, the Defendant again delayed the payment date of the remainder by May 30, 2015. At this time, the Plaintiff was unable to pay the remainder by May 30, 2015. (c) On June 1, 2015, the Plaintiff and the Defendant paid the remainder of the instant sales contract to the Defendant by June 23, 2015. However, in the event that the Plaintiff fails to perform this, the Defendant agreed to confiscate the down payment and the intermediate payment that the sum of KRW 1.3 billion already paid by the Plaintiff as the penalty (hereinafter “instant penalty agreement”).

2) However, the Plaintiff did not pay any balance even until June 23, 2015 agreed upon. (3) Accordingly, the Defendant did not pay the remainder on July 1, 2015 on the ground of the Plaintiff’s failure to pay the remainder.

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